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Reasons
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(영문) 울산지방법원 2015.03.26 2014고단3808
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around October 19, 2014, the Defendant, at around 01:00 on October 19, 2014, taken the image of sexual intercourse with the victim E using his smartphone camera in a guest room where it is impossible to identify the heading of the DNA golf set, which is located in the Japanese Sociodesa.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

2. On October 25, 2014, around 10:00 on October 25, 2014, the Defendant sent part of the screen pictures (the part in which the sexual intercourse between the Defendant and the victim was taken) taken by using his/her smartphone from the factory operated by the Defendant in the North Korean Racing-si, which was located in F of the Republic of Korea, to the victim’s male-friendly G mobile phone.

Accordingly, the defendant provided the photographs taken by the victim's body, which could cause sexual humiliation or shame, against his will.

3. On October 26, 2014, around October 26, 2014, the Defendant sent part of the video images (the part in which the image of the Defendant and the victim are sexually in the state of body) taken by using his/her smartphone at the above plant as set forth in paragraph (1) to the cell phone of the above G.

Accordingly, the defendant provided the photographs taken by the victim's body, which could cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. A complaint;

1. Application of the Acts and subordinate statutes to an investigation report (referring to text messages and motion pictures);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Penalties for Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant and the victim.

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